FRCP

If, following Teva, factual determinations are subject to deference on appeal, one would expect district courts to more often frame a claim construction order as principally a dispute of fact — not law — so as to insulate decisions from de novo review.

We should not be afraid to defend smart targeted collection of an overbroad preservation universe. We should embrace it as an efficient approach designed to get to the most important documents quickly and efficiently.

Recently, InsideCounsel had an opportunity to speak with Steve Ihm, vice president and assistant general counsel at Allstate, about the approaches he takes to e-discovery and how he sees changes to the FRCP effecting corporate litigation.